Who Should Order This Homestudy

Attorneys, business professionals and cloud service providers

Why Order

In the future, will all computing be cloud computing? As the economic case for cloud computing grows, will the international legal system be able to adequately define and enforce the rights and liabilities of cloud service providers, their partners, commercial clients and ordinary consumers?

This timely two-day conference will explore different cloud computing service models and the challenges they pose to traditional concepts of data ownership and control, contractual rights, privacy and security, law enforcement, copyrights and trademarks, and conflicts of law. In each of these areas, our faculty of leading in-house lawyers, private lawyers and academics with extensive experience in cloud computing will discuss the law today, where it is going, and where it should be going.

Introduction and Overview

Evaluating the Business Models: Who Has the Key to Your Digital Safety Deposit Box in the Cloud?

Cloud computing architectures and business models: Overview of how they developed over time and impact; who has possession, custody and control of data; implications for our view of the Internet as an information source

Legal perspective on the standards setting process: Pros and cons for cloud computing providers in light of Rambus and other recent cases

Andrew Updegrove, Esq., Co-Founder
Gesmer Updegrove LLP / Boston, MA

10:15 am

Break

10:30 am

Data Maintained In, and Moving Between, Different National Jurisdictions: Differences in the Law and the Resulting Importance of Jurisdictional Issues

Differences in privacy concepts and regulations, and tips for keeping all the regulators happy; the closely related concept of confidentiality, when a duty arises, and how the service provider can control the terms of the commitment

Break

3:00 pm

Dealing With Law Enforcement Agencies

Overview of surveillance entitlements and Fourth Amendment protections in the US; similar provisions in other parts of the world, lessons from telecommunications and ISP experiences; subpoenas; practical compliance and response tips

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Tuesday, May 18, 2010

Continental Breakfast

Intellectual Property Protection in the Cloud

Enforcement: Tips for monitoring; what to put in the infringement notice; strategies for what to do next

David A. Bateman, Esq.
K&L Gates LLP / Seattle, WA

Infringement: Anticipating the potential for patent infringement when cloud providers run software provided by the customer; prospects for a safe harbor similar to the one in the DMCA for copyrights; how to contractually address the issue in the meantime

Heather L. Buchta, Esq.
Quarles & Brady LLP / Phoenix, AZ

10:00 am

Break

10:15 am

Special Issues in the Use of Open Source Software in Developing Cloud Services

The fit between the GPL3 and other licensing and cloud computing applications; obligations for people hosting the data; what cloud providers need to think through before opening their platforms

Evan R. Cox, Esq.
Covington & Burling LLP / San Francisco, CA

11:00 am

Constructing Terms of Service for Consumer Cloud Services

When are they binding contracts and when are they voidable as a contract of adhesion?

Alison P. Howard, Esq.
Microsoft Corporation / Redmond, WA

Kevin D. Swan, Esq.
Law Office of Amy Ragen / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

Putting it All Together: Working Through Key Terms in B2B Cloud Service Contracts

The need for consistent ground rules for what customers should expect from vendors and vice-versa; business perspective on areas that are settled and ones open to negotiation depending on the parties, business models and service architectures

Continuing Education Credits

Cost

Our complete Homestudy Course, consisting of a DVD recording and the course materials (either a binder or searchable CD), is available for $1255. The course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or from the date we receive payment.
Order Homestudy

Steven D. Young, Program Co-Chair, Senior Attorney in the Legal and Corporate Affairs Department at Microsoft Corporation, provides legal support for the Windows Azure cloud computing service and FUSE labs.

Thomas C. Bell, partner and Co-Chair of the Internet and Ecommerce Group and Ecommerce Chair, Retail & Consumer Products Group at Perkins Coie LLP, focuses on the Internet, IT, software and wireless industries.

Heather L. Buchta, Co-Chair of the Electronic Supply Chain Sub-Team for the Technology Law Team at Quarles & Brady LLP, focuses on e-commerce, software, technology, copyrights and trademark protection.

Lindsey Finch is the Global Privacy Counsel at Salesforce.com where she develops and implements privacy policies and practices, trains employees, works directly with customers on their privacy and data protection concerns, and partners with the technology team to build privacy into service architecture.

Scott Forbes, Ph.D. is Managing Director at Sagittarius Ventures, an intellectual property and investment banking advisory firm focused on the telecommunications, consumer electronics, and renewable energy sectors. Previously, he was GE's Vice President of Technology Ventures.

Francoise Gilbert, Managing Director at IT Law Group focuses on privacy, technology, products and IT service, Internet & electronic commerce, and international law.

Paul Hartzell is Senior Vice President of DataSite at Merrill Corporation.

Alison P. Howard, attorney at Microsoft Corporation, provides legal support for Windows Live product development, engineering and business groups.

Andy James, a UK-qualified lawyer based in Osborne Clarke's Palo Alto office, advises U.S. businesses in their operations impacted by European regulatory rules, from technology transactions, through e-commerce and sales & distribution, to corporate set-up.

Christopher Soghoian, Ph.D. Candidate in the School of Informatics and Computing at Indiana University, focuses on the intersection of applied computer security, privacy, law and policy.

Ward Spangenberg, Director of PCI and Compliance at IOActive, Inc., assists clients in determining best practices for managing confidentiality, security, and privacy issues from both business and technical perspectives.

Kevin D. Swan, Of Counsel at Law Office of Amy Ragen, focuses on IP and technology transactional works and represents corporations, small businesses, and other entities in intellectual property transactions.